OTC Drug Reform Passes Senate
The Senate voted 12/10 to approve on a 91-2 vote S. 2740, the Over-the-Counter Drug Safety, Innovation, and Reform Act, which its sponsors say will streamline and modernize FDA’s regulatory system. A statement from Sens. Johnny Isakson (R-GA) and Bob Casey (D-PA) says the bill would:
- change the “cumbersome” monograph rulemaking process to an administrative order process such as used for other medical product approvals;
- allow the HHS secretary to take rapid action to protect public health in the event of safety issues;
- establish processes for manufacturers to request administrative orders, or for the HHS secretary to initiate administrative orders at the recommendation of FDA or in response to citizens’ petitions;
- establish a process by which drug developers can request meetings with FDA similar to existing processes for prescription drug development;
- create a new incentive to bring innovative over-the-counter products to consumers by providing an 18-month period of product exclusivity to reward innovation;
- require an annual update to Congress on FDA evaluation of the cold and cough monograph with respect to children under age six; and
- authorize FDA to collect user fees to provide the necessary resources to evaluate and monitor the over-the-counter market.